20. Electronic work diaries20. Electronic work diaries

20. Electronic work diaries

(1) For section 74(3) substitute – “(3) The Authority may approve a system of recording information electronically for use as an electronic work diary for the purposes of this Act if it is satisfied that the system: (a) is suitable for fitting to, or for use in, a regulated heavy vehicle; and (b) has a mechanism that readily indicates to the driver of the vehicle that the system is, or is not, properly functioning; and (c) is capable of accurately monitoring and recording the work and rest times of the driver of the vehicle, and of recording any other information that a driver is required, under this Act, to record in a work diary; and (d) if the system is to be fitted to the vehicle and is to be used by more than one driver, is capable of ensuring: (i) that all of the information referred to in paragraph (c) can be accurately monitored or recorded (as the case may be) for each driver; and (ii) that the details recorded by, or in respect of a driver, are readily distinguishable from the details recorded by, or in respect, of any other driver; and (iii) that the name of each driver in respect of which details are recorded is shown whenever the details are accessed; and (iv) that a driver cannot record any information that a driver is required, under this Act, to record in a work diary in the system for, or on behalf of, another driver; and (e) has a mechanism to ensure that the driver cannot alter any information that the driver records in the system once the driver has had an opportunity to confirm the accuracy of that information; and (f) if the system is designed to enable the driver to send information to the driver’s record keeper, has a mechanism that readily indicates to the driver that the information has, or has not, been sent to the record keeper; and (g) is capable of readily reproducing, on being accessed by the record keeper, the information it contains; and (h) is capable of readily reproducing, on being accessed by an authorised officer or a police officer while the vehicle to which it is fitted is on the road, the information it contains in a form: (i) that is readily accessible by the officer; and (ii) that is reasonably capable of being understood by the officer; and (iii) that can be used as evidence.

Note: An electronic work diary may include or form part of an approved intelligent transport system under the IAP Act. Intelligent transport system is defined in the C & E Act.”.

(2) After section 74(4) insert – “(4A) If the Authority grants an application under this section, it must issue a numbered certificate of approval to the applicant. (4B) In granting an application, the Authority may impose conditions in relation to the operation and maintenance of the diary. (4C) An approval under this section covers any system that is identical to the system that was submitted to the Authority for approval. (4D) Any identical system that is covered by an approval is also subject to any conditions that were imposed in relation to the approval. (4E) A document that purports to be a certificate of approval issued by the Authority under this section is evidence that any system referred to in the document has been approved by the Authority as an electronic work diary under this section.”.